Ideas. We all have them. At least, most of us do.
Good or not, if you're an aspiring writer of any kind, especially in the current climate of incessant remakes - be it books, screenplays, musicals, songs, even jokes, etc. - you know how hard it is to get your idea into the hands of the right person or people. And, by right, I mean the person/people with the power to say the magic word: "Yes."
Getting a "Yes" from an Executive in a position to turn your idea from a simple concept in your over-crowded head into a gleaming, physical reality can be a life-changing experience. It can mean the difference between working at Starbucks for the rest of your life or having your morning lattes hand-delivered from the gourmet place on Sunset to your bungalow on the Warner Bros. lot, precisely two minutes after you arrive, every morning for the rest of your life.
However, as almost every writer knows, an invitation down the Yellow Bentley Road does not come without risk.
It seems you can't throw a stone in Hollywood these days without hitting someone who claims, at one time or another, they've had an idea they pitched stolen. This goes for both unknown writers, as well as established ones. But the thing to keep in mind here, is not whether they actually did. Rather, one would do well to remember the old adage -
As long as you have to show and/or tell your vision to another human being in order to realize it, the possibility will always exist that the other party may take part - or all - of your idea and pass it off as their own.
It's human nature. Especially, in Hollywood.
Now, I know what you're thinking.
"If I sign a form that says I will not hold them responsible, and two years down the road I see my idea about the black kid and the cop on NBC, how can I protect myself?"
Easy. Don't show it to anyone, ever.
Other than that, there really is no way to guarantee against someone stealing, or "borrowing," all or part of your idea. No "implied" agreement or contract, or even copyrighting, is foolproof.
And, when it comes to solicited vs. unsolicited material, the main reason agents want solicited submissions, is not because they come from a legitimate attorney or manager, it's because they come from a person who does business with them and their industry on a daily basis. And, the odds of them suing said agent are virtually nil.
Yet, even if you have a big-shot manager send your script around town, from an agency/network perspective, being accused of stealing someone's idea has gotten so pervasive, virtually every single production company, and/or studio with at least two paid employees, will still make you sign away all rights to any/all claims over your story/concept, even before you sit down.
We may live in an age where dogs are being taught to drive cars, yet, it seems no one can figure out how to stop people from talking to each other about things they're not supposed to. Be it, movie and T.V. ideas, stock tips, political deals, etc.
But, don't despair. The one bright spot in all of this - and I've said exactly the same thing almost verbatim each time a partner of mine has expressed concerns over "protecting" ourselves from evil development executives - is ---
If you're an aspiring scribe with a "can't miss" concept or script, the odds that someone will like your idea so much - but be so stupid as to not want to involve you, the creator, and instead, spend the next year or more of their lives trying to circumvent you, while producing a carbon copy of your idea, is incredibly rare. If only, because it takes an extraordinary amount of effort to mobilize these types of projects from the page to the screen, and most Hollywood executives are simply too lazy for that.
Now, I'm sure you're wondering, "Where you going with this, Dave?"
I'm glad you asked.
In just a few short days from now, a certain network will premier a certain T.V. show that's incredibly similar to a concept, of which, I am co-creator of and have been shopping around since Jesus was a baby.
I'm not going to tell you what the show is, but, let's just say the star's name rhymes with Renis Reary.
The interesting thing about this - aside from the fact that we pitched our script/concept to this network over a year ago and were met with the usual excuses as to why our show "wasn't for them," but, low and behold, a few months later, our hero waltzes into one meeting at the same network and walks away with an entire season of episodes - is that, in our case, it's not so much about copyright infringement as it is theft of concept.
Apparently, the good people of California are so used to folks accusing each other of stealing ideas - not scripts, per say -, they've come up with a category that's unique to their State, only.
By allowing writers to file suit for having just their concept stolen, and not specifically the written words, the State is basically saying they acknowledge that the pitch process is a "slippery slope" and, more often than not, concepts and/or characters and even entire plot lines, may be plucked from this show or that one and wind up in a different one with a totally unrelated creative/production team. Thus, they allow a broader interpretation of infringement.
But, before you scream "Sue the bastards!," keep in mind, for a writer of any stature, going after a big network and/or production company in this day and age presents several exceedingly large hurdles, i.e.,
* It's ridiculously hard to prove someone's intentionally stolen your concept.
*Similar ideas are quite common and happen all the time, i.e., you can't allow one person to have a copyright over, say, "Getting the band back together", or The Blues Brothers would own about 800 shows/movies to date.
*The studios, as well as big directors/producers are incredibly powerful in Hollywood and have enormous influence. Thus, even if you have a case, odds are, you still won't win.
*It's an unwritten rule in Hollywood if you sue a network, no one in the business will touch you again.
And, the piece de resistance...
*Even if, after all that, you believe you have a case and you're crazy enough to pursue it, you will need barrels of money to feed the voracious appetites of your attorneys, most likely for years to come . #Goodluck.
To me, if nothing else, the situation I presently find myself in definitely makes for interesting debate, as, through the usual pitch process, we met with, and/or sent our script, concept, and sizzle reel, to 3 out of the 4 production entities now involved in the "other" show. Not long after our pitches, this other show was announced as going to pilot and I was immediately inundated with a barrage of calls, texts, and emails saying, "They stole your show!"
Though there were many others who thought something was rotten in Denmark, do I, personally, think they "stole" our show? Honestly, no.
However, do I think there was a production meeting, or two, in which ideas for concept and characters were being tossed around, and someone not so innocently interjected, "Hey! How about if..."? Yes. This is where the theft of concept premise would come into play.
Does it add insult to injury that I've heard from numerous sources this particular network is known for "borrowing" stuff from projects they've previously been pitched? Yep.
Ultimately, if you're an aspiring writer hoping to get your idea out there, I would still say go for it. Unless you're going to fund your project yourself, what other choice do you have?
As far as my situation, there are a few consolations that will help me sleep better in the days/nights to come:
*There's evidence all over the Internet that our show came years before. #moralvictory
*I read the script and it's pretty bad. #asifscriptsmatter
*Our script is awesome. #scriptsmatter
*We recently completed a crowd-funding campaign and are preparing to shoot our pilot, ourselves. #insanity
Are we f*&cked? Yep.
Will it stop me from writing? Nope.